This case is as much about the stubbornness of the independent and much-appealed Judge Fuste as it
is about the principal legal issue raised: what constitutes being “in-custody” for purposes of border
searches? The defendant (who was on a computerized “lookout” list) and his companion were flying from
the Netherlands ...

United States v. Queen, 132 F.3d 991 (4th Cir. 1997) (Judge Niemeyer)
United States v. Johnson, 132 F.3d 1279 (9th Cir. 1997) (Judge Hall)

One of the most persistent and confusing conflicts in the field of criminal law is the conflict between the prosecution’s desire to paint every defendant as ...

United States v. Flowers, 983 F.Supp. 159 (E.D.N.Y. 1997) (Judge Weinstein)
United States v. Pierce, 132 F.3d 1207 (8th Cir. 1997) (Judge Heaney)

Both of these decisions are destined to make a significant contribution to the law and the lore of the
Guidelines - and not just because they were ...

This case brings back the Government’s second most-favorite statute (conspiracy will always be No. 1) - 18 U.S.C. § 666 - which covers theft or bribery “concerning programs receiving Federal funds.” As we have often said, that statute permits the Federal Government to buy its way around the Tenth Amendment ...

Here the Court held that evidence that the defendant had, some 10 years previously, engaged in two acts of witness tampering was admissible to show the defendant's intent in the instant case.

United States v. Queen, 132 F.3d 991 (4th Cir. 1997) (Judge Niemeyer)
United States v. Johnson, 132 F.3d ...

Case held that trial counsel was constitutionally ineffective due to his failure to obtain and prepare psychiatric witness; and that such ineffective assistance of counsel seriously prejudiced the defendant to the degree that it undermined any confidence in the outcome of the proceedings. In large part, the trial counsel relied ...

Citing a number of cases, including U.S. v. Daddino, 5 F.3d 262, 266 (7th Cir. 1993), the Court affirmed that "when a discrepancy exists between an oral and written sentence, the oral sentence controls. . . . This result is demanded by Fed.R.Crim.P. 43(a), which has its source in the ...

Here the Court held that evidence that the defendant had, some 10 years previously, engaged in two acts of witness tampering was admissible to show the defendant's intent in the instant case.

United States v. Queen, 132 F.3d 991 (4th Cir. 1997) (Judge Niemeyer)
United States v. Johnson, 132 F.3d ...

As this case shows, Section 2X1.1 of the Guidelines is one of the most misunderstood provisions of the Guidelines. That section covers attempts, solicitation and conspiracy; and it provides that the base offense level for the attempted offense is the “base offense level from the guideline for the substantive offense, ...

United States v. Queen, 132 F.3d 991 (4th Cir. 1997) (Judge Niemeyer)
United States v. Johnson, 132 F.3d 1279 (9th Cir. 1997) (Judge Hall)

One of the most persistent and confusing conflicts in the field of criminal law is the conflict between the prosecution’s desire to paint every defendant as ...

QUOTE OF THE WEEK - The completely spurious and apocryphal doctrines that often lie behind the Federal Rules of Evidence.

"Beyond the fringe of the rules of evidence lies a dim region of trial practice where lawyers and judges toil in the shadows of the written rules. It is a ...

Quote from a law review article about the spurious and apocryphal doctrines that often lie behind the Federal Rules of Evidence.

QUOTE OF THE WEEK - The completely spurious and apocryphal doctrines that often lie behind the Federal Rules of Evidence.

"Beyond the fringe of the rules of evidence lies ...

This case is as much about the stubbornness of the independent and much-appealed Judge Fuste as it
is about the principal legal issue raised: what constitutes being “in-custody” for purposes of border
searches? The defendant (who was on a computerized “lookout” list) and his companion were flying from
the Netherlands ...

A corollary of this country’s race to incarcerate as many people as possible can be seen from this little
gem from Alabama - the State that recently re-instituted the use of chain gangs of prisoners working 10
hours a day breaking rocks. (See, The New York Times, July 29, 1995, ...

Here the Court held that claims of actual innocence based on newly discovered evidence are not sufficient for habeas proceedings absent an independent constitutional violation occurring in the underlying state criminal proceeding.

Citing Herrera v. Collins, 506 U.S. 390 (1993), the court affirmed the rule that "claims of actual innocence ...

This case brings back the Government’s second most-favorite statute (conspiracy will always be No. 1) - 18 U.S.C. § 666 - which covers theft or bribery “concerning programs receiving Federal funds.” As we have often said, that statute permits the Federal Government to buy its way around the Tenth Amendment ...

United States v. Flowers, 983 F.Supp. 159 (E.D.N.Y. 1997) (Judge Weinstein)
United States v. Pierce, 132 F.3d 1207 (8th Cir. 1997) (Judge Heaney)

Both of these decisions are destined to make a significant contribution to the law and the lore of the
Guidelines - and not just because they were ...

United States v. Flowers, 983 F.Supp. 159 (E.D.N.Y. 1997) (Judge Weinstein)
United States v. Pierce, 132 F.3d 1207 (8th Cir. 1997) (Judge Heaney)

Both of these decisions are destined to make a significant contribution to the law and the lore of the
Guidelines - and not just because they were ...

This case brings back the Government’s second most-favorite statute (conspiracy will always be No. 1) - 18 U.S.C. § 666 - which covers theft or bribery “concerning programs receiving Federal funds.” As we have often said, that statute permits the Federal Government to buy its way around the Tenth Amendment ...

This case reviews the criteria for determining when a person's reduced mental capacity entitles him to a downward departure; and it rejects the use of a "but for" standard - I.e., but for the diminshed capacity the crime would not have been committed.

This case is noted because it contains ...

Over the dissent of Judge Arnold, the Court held that withholding medical attention for over a week to a prisoner complaining of heart pains did not constitute deliberate indifference to a serious medical need.

United States v. Flowers, 983 F.Supp. 159 (E.D.N.Y. 1997) (Judge Weinstein)
United States v. Pierce, 132 F.3d 1207 (8th Cir. 1997) (Judge Heaney)

Both of these decisions are destined to make a significant contribution to the law and the lore of the Guidelines - and not just because they were ...

Although the provisions of U.S.S.G. § 2B3.1(b)(2)(C), provides for a sentence enhancement “if a firearm was brandished, displayed or possessed, the Court held that the Government wasn't really required to prove such elements.

As this case shows, Section 2X1.1 of the Guidelines is one of the most misunderstood provisions of ...

As this case shows, Section 2X1.1 of the Guidelines is one of the most misunderstood provisions of the Guidelines. That section covers attempts, solicitation and conspiracy; and it provides that the base offense level for the attempted offense is the “base offense level from the guideline for the substantive offense, ...

This case is noted for Judge Weinstein's patient and eloquent thesis that the Guidelines do leave a Fderal judge with the power to impose individualized sentences, including alternatives to imprisonment, if the circumstances warrant.

United States v. Flowers, 983 F.Supp. 159 (E.D.N.Y. 1997) (Judge Weinstein)
United States v. Pierce, 132 ...